RENT STABILIZATION BOARD
Regular Meeting

Monday, June 20, 2005
7 p.m.

AGENDA

1. Roll Call - 7:00 p.m.

2. Approval of the Agenda.

3. Public Forum

4. Approval of theJune 6, 2005 regular meeting minutes.

5. Appeal - Time Certain - 7:15 p.m.

a. Appeal L-3842; 2215 Bonar Street, #F. The landlord and tenant appeal the hearing examiner's determination that the base occupancy level of the two-bedroom unit is three persons and that the landlord is entitled to a 10% increase in occupancy. On appeal, the tenants claim that the Doctrine of Unclean Hands bars the landlord from receiving a rent increase, that the Board need not follow the Munger decision in establishing the unit's lawful rent ceiling and that the landlord waived his rights to a rent adjustment by delaying filing his petition. The landlord claims the hearing examiner abused her discretion in establishing the base occupancy level. There is no merit to these claims. However, the landlord does point out that the hearing examiner did misread Regulation 1270 with regard to who were the original tenants in the unit. Correction of this error requires the landlord to be granted an additional 10% increase.